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Disallowance of revenue expenditure merely based on description of expense is unsustainable

June 22, 2023 1839 Views 0 comment Print

ITAT Ahmedabad held that disallowance of revenue expenditure treating it as capital merely on the basis of description of the expenditure without any substantive record is unsustainable.

Revisionary order u/s 263 unsustainable as transaction accepted by AO post due application of mind

June 22, 2023 1107 Views 0 comment Print

ITAT Amritsar held that revisionary order under section 263 of the Income Tax Act unsustainable as AO accepted the deal of sale of agriculture land with a conscious and independent application of mind.

Addition of unexplained investment u/s 69 untenable as source of investment duly explained

June 22, 2023 5421 Views 0 comment Print

ITAT Delhi held that addition u/s 69 of the Income Tax Act towards unexplained investment untenable as source of investment made by the appellant stands sufficiently explained.

Addition in bogus purchase transaction reduced on pro-rata basis

June 22, 2023 1446 Views 0 comment Print

ITAT Raipur held that addition in case of bogus purchase transaction restricted to the extent of the difference between the gross profit of genuine purchases transactions and gross profit of bogus purchases transactions.

Amount not taxable under ‘capital gain’ as there is no transfer of right, title or interest in property

June 22, 2023 2802 Views 0 comment Print

ITAT Mumbai held that amount under the head ‘capital gain’ not taxable as there is no transfer of any right, title, or interest in the property.

Late Filing of ROI: ITAT Directs Reconsideration of FTC Rejection

June 22, 2023 738 Views 0 comment Print

ITAT Hyderabad’s decision on Shridhar Madhav Diwan vs DCIT case emphasizes re-examination of denied foreign tax credit due to late Form No. 67, aligning with DTAA provisions and Income Tax Rules.

Disallowance u/s 14A unsustainable as there is no requirement of head-wise bifurcation for computing income u/s 44

June 22, 2023 510 Views 0 comment Print

ITAT Delhi held that as per provisions of section 44 of the Income Tax Act there is no requirement of head wise bifurcation while computing income u/s 44 in case of insurance company. Thus, provisions of section 14A are not relevant to make a disallowance.

Deduction u/s 36(1)(va) allowed if payment made on day next to due date, as due date being a holiday

June 22, 2023 1794 Views 0 comment Print

ITAT Mumbai held that employee’s contribution paid on day next to the due date and due date being a national holiday. Matter remanded back to AO for examining the payments made and allowing the deduction u/s 36(1)(va).

ITAT Condones Delayed Appeal due to Tax Practitioner’s Negligence

June 22, 2023 840 Views 0 comment Print

A discussion on ITAT Ahmedabad’s ruling condoning the late filing of an appeal due to the negligence of the tax practitioner, in the case of Sanjeev Harshadrai Sheth Vs ITO.

Processing rectification application u/s 154 without giving reasonable opportunity is unsustainable

June 22, 2023 2199 Views 0 comment Print

ITAT Amritsar held that a reasonable opportunity should be given to the assessee before making addition u/s 40A(7) of the Income Tax Act before processing rectification application u/s 154.

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